M/s Agriculture Produce Market Committee, Hamirpur V. ITO, Hamirpur

ITA 948/CHANDI/2010

• Counselvise Citation: [2010] 136 COUNSELVISE.COM (IT) 5033 (ITAT-CHANDIGARH)
• Duration Of Justice: 1 month(s) 9 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-07-2010
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2003-2004
• Appeal Filed On: 18-06-2010
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: N K SAINI

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL CHANDIGARH BENCHES (A) BEFORE SHRI G.S.PANNU, ACCOUNTANT MEMBER AND MS.SUSHMA CHOWLA, JUDICIAL MEMBER ITA 948 TO 953/CHD/2010 A.Y. : 2003-04 TO 2008-09 M/S AGRICULTURE PRODUCE V INCOME TAX OFFICER, MARKET COMMITTEE, HAMIRPUR (HP). HAMIRPUR (HP). PAN : AHFPK-4838E (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI AJAY VAIDYA RESPONDENT BY: SHRI N.K.SAINI ORDER PER G.S.PANNU, AM ALL THESE APPEALS BY THE ASSESSEE PERTAINING TO TH E ASSESSMENT YEARS 2003-04 TO 2008-09 ARE DIRECTED AG AINST A COMMON ORDER OF THE CIT(APPEALS) DATED 05-04-2010. IN ALL THESE APPEALS, COMMON GROUND RAISED BY THE ASSESSEE RELAT ES TO THE DENIAL OF EXEMPTION U/S 10(20) OF THE INCOME TAX AC T, 1961 ( IN SHORT 'THE ACT') ON THE GROUND THAT THE ASSESSEE DO ES NOT QUALIFY TO BE A LOCAL AUTHORITY WITHIN THE MEANING OF THE ACT. 2. AT THE TIME OF HEARING, IT WAS A COMMON POINT BE TWEEN THE PARTIES THAT THE STATUS OF THE ASSESSEE CANNOT BE C ONSIDERED AS A LOCAL AUTHORITY U/S 10(20) OF THE ACT, AS AMENDED BY THE FINANCE ACT, 2002 W.E.F. 01.04.2003 IN VIEW OF THE JUDGEMEN T OF THE 2 HON'BLE SUPREME COURT IN THE CASE OF AGRICULTURAL P RODUCE MARKET COMMITTEE, NARELA V CIT, 305 ITR 1 (S.C). 3. ACCORDINGLY, RELYING ON THE JUDGEMENT OF THE HON 'BLE SUPREME COURT IN THE CASE OF AGRICULTURAL PRODUCE M ARKET COMMITTEE, NARELA (SUPRA), THE ORDERS OF THE LOWER AUTHORITIES ARE UPHELD AND THE ASSESSEE IS HELD TO BE NOT ELIGIBLE FOR THE CLAIM OF DEDUCTION U/S 10(20) OF THE ACT. ACCORDINGLY, THE A SSESSEE FAILS IN THE CAPTIONED APPEALS. 4. DECISION PRONOUNCED IN THE OPEN COURT AT THE CON CLUSION OF THE HEARING IN THE PRESENCE OF BOTH THE PARTIES ON 28.07.2010. SD/- SD/- (SUSHMA CHOWLA) ( G.S.PANNU) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED : 28 TH JULY, 2010. POONAM COPY TO : THE APPELLANT/THE RESPONDENT/THE CIT (A)/ THE CIT/THE DR.